Judge Upholds CO Gun Control Laws That Sheriff Still Refuses to Enforce

On June 26, U.S. District Judge Marcia Krieger upheld the “high capacity” magazine ban and expanded background checks passed by state Democrats and signed by Colorado Governor John Hickenlooper (D) in 2013. Weld County Sheriff John Cooke responded by saying he still won’t enforce the new laws.

Cooke and other sheriffs brought suit and had repeatedly described the high capacity magazine ban as unenforceable because it only applies to magazines purchased after July 1, 2013. They oppose the expanded background checks because the checks are a federal matter, not something they believe the state has the power to co-opt and expand at will.

But according to the Associated Press, Krieger sided against the sheriffs and said, “A court does not act as a super-legislature to determine the wisdom or workability of the legislation. Instead, it determines only whether legislation is constitutionally permissible. A law may be constitutional, but nevertheless foolish, ineffective, or cumbersome to enforce.”

Cooke responded by reiterating that in 2013, he had stated, “These laws are unenforceable, so therefore I won’t enforce them.” He added, “The judge’s ruling has done nothing to change my opinion about that.”